As you may recall, a Ninth Circuit panel previously refused to dismiss a civil suit against former Attorney General John Ashcroft involving allegations that Ashcroft directed the use of the material witness statute to carry out arrests in violation of the 4th Amendment. Over an 8-judge dissent, the full Ninth Circuit has now denied en banc review of that decision. The dissenting opinions, as well as a concurrence in the denial responding to them, are posted here: http://www.ca9.uscourts.gov/datastore/opinions/2010/03/18/06-36059.pdf